landlord/tenant-how soon can new owner of property evict?

This is a discussion on landlord/tenant-how soon can new owner of property evict? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am buying a property that is presently being rented out. The tenants are already behind in their rent and ...

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Old Feb 15th, 2010, 08:41 PM   #1
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Default landlord/tenant-how soon can new owner of property evict?

I am buying a property that is presently being rented out. The tenants are already behind in their rent and do not have a lease but rent month by month with no contract. how soon can I get them out? question from NC
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Old Feb 15th, 2010, 10:05 PM   #2
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Default Re: landlord/tenant-how soon can new owner of property evict?

In case you wish to remove the tenant then you will have to serve a notice of termination of lease. In NC, this notice should be served at least seven days before the end of the month when the month to month lease is to be terminated. Therefore, after you purchase the house the minimum period of notice to be given to the tenant will be seven days before the end of the month. Further, the notice should be served in writing to the tenant and proof of service is to be kept.

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Old Feb 16th, 2010, 12:46 AM   #3
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Default Re: landlord/tenant-how soon can new owner of property evict?

You must serve the tenant a written 7 day notice to terminate tenancy. Serve it this month.

NC General Statute 42‑14. Notice to quit in certain tenancies.

A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143‑143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy. (1868‑9, c. 156, s. 9; Code, s. 1750; 1891, c. 227; Rev., s. 1984; C.S., s. 2354; 1985, c. 541; 2005‑291, s. 1.)
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Old Feb 16th, 2010, 08:56 AM   #4
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Default Re: landlord/tenant-how soon can new owner of property evict?

You should note that only the OWNER or his agent can serve a notice to vacate/terminate.

Unless the current owner serves the tenant notice now, you, as future owner, have no standing to evict the tenant until you are the legal owner of the property. If that doesn't happen before the end of the month, then you must wait to serve your notice of termination until you are.
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Old Feb 17th, 2010, 10:59 AM   #5
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Default Re: landlord/tenant-how soon can new owner of property evict?

Why not make the vacancy a condition of buying the property? Put it in the offer to buy that you will buy the property, but only if the current owner delivers it to you vacant. Then it is this owner's problem to get the tenants out and you get an empty house at closing.
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Old Feb 17th, 2010, 01:57 PM   #6
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Default Re: landlord/tenant-how soon can new owner of property evict?

And that will push back the closing by at least two months, perhaps more.

Sandyclaus provided the most accurate and logical advice.
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Old Feb 17th, 2010, 05:36 PM   #7
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Default Re: landlord/tenant-how soon can new owner of property evict?

Precisely.

If the tenants are already behind in rent and not leaving voluntarily, then the current owner would be facing the added time and expense of evicting them before they could deliver an empty house to the new buyer. That same time and expense is going to be incurred once the new owner takes title of the house. Either way, the occupancy by the new owners is going to be delayed.

I would highly recommend a "Cash for Keys" arrangement here. Pay the renters a specific sum of money to vacate before the closing takes place. Make sure that the costs are accounted for in the closing (old owner and new owner can hash out who pays what). New owner gets an empty house to move in to.,
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Old Feb 18th, 2010, 10:48 AM   #8
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Default Re: landlord/tenant-how soon can new owner of property evict?

My thoughts exactly (and why I recommended it.) If the owner wants to sell that house now (and most owners REALLY want to sell right NOW) he will take immediate action to get these people out. Otherwise, if this is not a condition of the purchase, he will just let the new owner inherit the problem and expense. If he's not going to do it, you should ask for a credit for these costs in the purchase price. You shouldn't let his problems become yours.
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